As recently discussed by WebMD, statistics released in a new study show that the number of highchair-related injuries has risen steadily over the past decade. The study focused on the period between 2003 and 2010, the years preceding the adoption of the Consumer Product Safety Improvement Act. Since the Act went into effect in 2011, millions of highchairs have been recalled for defective design or manufacture. While researchers attribute some recent highchair injuries to parents and caregivers misusing products, defective design was found to be the major cause of injuries.

The study appeared in Clinical Pediatrics, and revealed that thousands of children suffer injuries from highchairs each year. The injuries are often serious, as the study found over 9,500 children require emergency care because of falls, cuts, and other injuries resulting from highchair use. Between 2003 and 2010, the number of highchair-related injuries increased by 22%.

Researchers believe that errors by parents or caretakers may have resulted in some of the accidents, often due to improperly restraining the child in the highchair. However, researchers found that defective products contributed significantly to the rising number of child injuries from highchairs. The number of defective products was, in part, the impetus behind the enactment of the Consumer Product Safety Improvement Act (CPSIA).

The CPSIA, which went into effect in 2011, lists certain requirements for children’s products and their manufacturing. The Consumer Product Safety Commission (CPSC) proposed the law and administers and regulates products created domestically and abroad. The CPSIA imposes more stringent requirements on products deemed “durable toddler and infant products,” which are designed to be used by children under 5 years old. Highchairs are considered “durable toddler and infant products,” and thus must to meet the strictest statutory requirements.

The statistics published in the pediatric study cover the seven years preceding the enactment of the CPSIA. Additionally, the study suggests that many parents are still using the products manufactured before the adoption of the new regulations. Many parents, especially those with multiple children, reuse highchairs that predate the CPSIA. But even proper use of the product may not protect against a defective product design.

In a recently published study report, researchers at the Boston University School of Medicine stated that the brains of deceased athletes, from as early as high school, show brain damage.

According to the researchers, all 85 brains examined showed signs of head trauma. Sixty-five of the 85 brains examined showed signs of chronic traumatic encephalopathy (CTE), while 67 brains showed signs of tau. Brains examined from athletes who died after age 50 showed the most extensive brain damage, and prior to dying, many of the athletes exhibited severe memory loss and personality changes.

CTE is thought to occur when the head receives repeated concussions or blows. To date, CTE has not been found in brains that did not receive head trauma. Tau are protein tangles that clog brain tissue, ultimately causing brain cells to destruct.

According to Dr. Robert Cantu, a neurosurgeon and co-director of the Boston University Center for the Study of Traumatic Encephalopathy who co-authored the study, “The sheer size of the study should satisfy the doubts of anyone that CTE is a real condition caused by repeated head injuries.” However, some neurologists still have skepticism regarding whether multiple head blows lead to tau tangles. Eighteen of the brains studied showed no evidence of tau tangles.

In the last few years, the occurrence and danger of head injuries in sports, such as football, soccer, wrestling, hockey, and boxing, has caused a number of lawsuits and calls for reforms. Current and former football players, and their families, against the National Football League, have brought the largest head trauma lawsuit.

Have suffered a brain injury from playing a sport in Boston, Massachusetts? You may have a personal injury case.

If you or a family member has sustained a personal injury or brain injury from playing sports, you may have a case. Please contact Parker | Scheer LLP at 886-414-0400 for a free consultation with one of our experienced Personal Injury Lawyers.

The Massachusetts Appeals Court recently addressed this exact issue as it related to a guest who was struck in the back of the head by a softball while visiting a friend’s home. The plaintiff was seated on the defendants’ deck while other guests engaged in a softball game including one of the defendant homeowners. The softball game took place in close proximity to the deck where the plaintiff was seated. As the game progressed one ball was hit onto the roof above the porch. After that ball went astray, the defendant homeowner asked the participants to hit the ball down, to bunt and/or to swing half way when making contact with the ball. Shortly thereafter, the plaintiff was struck in the back of the head with the softball hit by another guest.

The plaintiff filed a lawsuit alleging the defendant homeowner was negligent of the safety of his guests resulting in a premises liability because he organized and participated in the game. The defendant, homeowners filed a Motion for Summary Judgment alleging they owed no duty to the plaintiff under these circumstances. A Massachusetts Superior Court allowed the defendants’ Motion for Summary Judgment. The plaintiff appealed the decision.

Massachusetts law does not typically hold homeowners liable for the conduct of other persons who cause a personal injury at their home. In this case however, the homeowners’ ownership of the equipment and the right to control the use of the equipment placed them in a position of authority to which a duty attached. The Appeals Court held that the defendant homeowners owed a duty to the plaintiff because the defendant homeowners:(1) owned the softball equipment; (2) had the right to control the use of the equipment; (3) were present and aware the equipment was being used; and (4) were aware of the danger to the guests on the porch given that one ball was hit onto the roof above the porch. The Appeals Court remanded the case back to the Superior Court. In doing so, the Appeals Court noted that the ultimate issue of whether the defendant homeowners are liable for the plaintiff’s injuries must be left to the fact finder.

If you or someone you know has been injured or killed in a car accident, contact the Parker|Scheer LLP Complex Personal Injury Group toll free at 866-414-0400, for a free confidential case review.

It was not so long ago that a blow to the head was thought to be a short-lived event with no long-term consequences. That phrase that “Johnny was just not the same” after he got knocked out has taken on new meaning as the understanding of the intricacies of the brain have advanced.

What sometimes seems to be an innocent bump to the head can carry long term consequences. When one sees stars after such a collision, it is time to take note, and to take action.

Any trauma to the brain has to be taken seriously. There is no slight blow to the delicate tissue of the organ whose alteration, no matter how slight, can have profound consequences. Modern medicine has taught us that it is dangerous, no, it is not very smart, to ignore even the slightest loss of consciousness. When this occurs, get to a doctor, and get to one immediately.

The biggest problem which many who have suffered a brain injury encounter is that no one recognizes that a loss of consciousness has occurred. Hospital personnel note no “LOC” in an injured worker’s chart, but that history is most often based upon a statement from the very person who lost consciousness, and then reports that he or she does not recall losing consciousness.

Recognize that a loss of consciousness does not require that a person be found on the ground with his or her eyes closed. A loss of consciousness occurs whenever one loses a sense of his or her surroundings. Think of it as being out on your feet. Whenever anyone is unable to recount what happened after a blow to the head that person has likely suffered a loss of consciousness and accompanying TBI, traumatic brain injury.

Do not be discouraged by the skepticism that a victim of a TBI encounters. Diagnostic testing for a TBI is lacking. Unlike a broken bone, a ruptured disc, or a torn rotator cuff, a TBI is not apparent in conventional diagnostic testing. That does not mean that it does not exist; it means that it is difficult to prove.

If a family member or friend suffers such an injury at work do not dismiss it as something that will pass. Be certain that the history is accurately recorded in the medical records, and look for signs of a traumatic brain injury -short-term memory loss; irritability; inability to recall the “right” word; and/or an inability to perform multiple seemingly simple tasks at the same time. These are symptoms of a TBI, and need to be taken seriously, and treated immediately.

If you or someone you know has suffered a head injury at work you may be entitled to Massachusetts workers’ compensation payments for disability and/or medical care. Speak with a highly experienced workers’ compensation lawyer, by contacting a personal injury lawer at Parker Scheer LLP seven days a week, toll free at 866-414-0400. There is no fee charged to discuss your case, and all information furnished, will be kept strictly confidential.